VICHITTAR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner is a police constable presently working as such in Himachal Pradesh Armed Police Battalion No. 1, Junga In this application filed under section 19 of the Administrative Tribunals Act, 1985, he challenges the promotion of respondents 5 to 8 as Head Constables by an order, dated 27 -5 -1987 passed by the Deputy Inspector General of Police, Southern Range, Simla. The said order has not been annexed with this petition and only an order, dated 15 -10 -1987, issued by the Commandant, H. P. Armed Police, Battalion No: 1 adjusting Atma Ram, respondent No 7, as a Head Constable in the said Battalion, consequent to his promotion vide Deputy Inspector Generals order aforesaid of 27 -5 -1987, has been placed on record as Annexure p -2. The petitioner prays that the promotion of respondents 5 to 8 be quashed and set aside, being illegal and in violation of the existing rules of promotion, and that the respondents be directed to promote the petitioner to the post of Head Con stable with all consequential benefits,

(2.) The petitioner was enlisted as a Police Constable in 1984. But, being an ex -serviceman, he was given the benefit of his approved military service of 15 years and 25 days under Rule 5(1) of the Demobilised Armed Forces Personnel (Reservation of vacancies in Himachal Pradesh State) (Non Technical) Rules, 1972, and was assigned seniority of 1969 as a police constable. Respondents 5 to 8 were recruited as constables in the year 1971 and 1972. Thus, after counting the military service rendered by him, the petitioner became senior to respondents 5 to 8 though the said respondents had put in much longer periods of service as constables in the Police Department

(3.) According to Rule 13 8 (2) of the Punjab Police Rules, as applicable in Himachal Pradesh, 85% of the posts of Head Constables are filled from amongst those constables who have qualified the lower school course. The remaining 15% vacancies of Head Constables are reserved for those constables who are otherwise suitable but have not qualified the lower school course. 5% of these vacancies are reserved for constables who have put in a minimum of 30 years of service and have reached the age of 55 years and 10% for others.